Regular bail in alleged gold smuggling case rejected where custodial statement, seizure material, and investigation risk pointed to active involvement.

In a prosecution alleging smuggling of foreign-origin gold under the Customs Act, the High Court treated the custodial statement under Section 108, seizure of gold bars, call-detail material, surrounding circumstances, absence of sale invoices, and prior similar conduct as indicators of active involvement. It also viewed the alleged offence as an economic offence affecting fiscal and commercial interests, with a real risk of tampering with evidence and obstructing investigation. On that basis, the applicant was found not entitled to regular bail and the bail request was rejected.

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Issues: Whether the applicant was entitled to regular bail in a prosecution concerning alleged smuggling of foreign origin gold under the Customs Act, 1962.

Analysis: The applicant's custodial statement under Section 108 of the Customs Act, 1962, the seizure of foreign origin gold bars, call-detail material, and the surrounding circumstances were treated as indicating active involvement in the alleged smuggling operation. The nature and value of the gold, the apparent absence of sale invoices, and the applicant's prior involvement in similar conduct were considered relevant. The offence was treated as an economic offence affecting fiscal and commercial interests, and the risk of tampering with evidence and obstructing investigation weighed against release on bail.

Conclusion: The applicant was not entitled to regular bail and the request for bail was rejected.

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